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Sen. Chuck Weaver
Filed: 6/29/2017
 
 
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| 1 |  | AMENDMENT TO HOUSE BILL 3342
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| 2 |  |  AMENDMENT NO. ______. Amend House Bill 3342 by replacing  | 
| 3 |  | everything after the enacting clause with the following:
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| 4 |  |  "Section 5. If and only if Senate Bill 1688 of the 100th  | 
| 5 |  | General Assembly becomes law, the Collateral Recovery Act is  | 
| 6 |  | amended by changing Sections 40, 45, 80, and 85 as follows: | 
| 7 |  |  (225 ILCS 422/40) | 
| 8 |  |  (Section scheduled to be repealed on January 1, 2022) | 
| 9 |  |  Sec. 40. Qualifications for recovery manager;  | 
| 10 |  | identification card.  | 
| 11 |  |  (a) An applicant is qualified for licensure as a recovery  | 
| 12 |  | manager if that person meets all of the following requirements: | 
| 13 |  |   (1) Is 21 years of age or older. | 
| 14 |  |   (2) If convicted of any felony and less than 5 7 years  | 
| 15 |  | have passed from the time of discharge from the sentence  | 
| 16 |  | imposed, then a finding by the Commission in accordance  | 
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| 1 |  | with Section 85 that the conviction will not impair the  | 
| 2 |  | applicant's ability to engage in the position requiring a  | 
| 3 |  | license. | 
| 4 |  |   (3) Has completed no less than 2,500 hours of actual  | 
| 5 |  | compensated collateral recovery work as an employee of a  | 
| 6 |  | repossession agency, a financial institution, or a vehicle  | 
| 7 |  | dealer within the 5 years immediately preceding the filing  | 
| 8 |  | of an application, acceptable proof of which must be  | 
| 9 |  | submitted to the Commission. | 
| 10 |  |   (4) Has submitted to the Commission 2 sets of  | 
| 11 |  | fingerprints, which shall be checked against the  | 
| 12 |  | fingerprint records on file with the Illinois State Police  | 
| 13 |  | and the Federal Bureau of Investigation in the manner set  | 
| 14 |  | forth in Section 60 of this Act. | 
| 15 |  |   (5) Has successfully completed a certification program  | 
| 16 |  | approved by the Commission. | 
| 17 |  |   (6) Has paid the required application fees. | 
| 18 |  |  (b) Upon the issuance of a recovery manager license, the  | 
| 19 |  | Commission shall issue the license holder a suitable pocket  | 
| 20 |  | identification card that shall include a photograph of the  | 
| 21 |  | license holder. The identification card must contain the name  | 
| 22 |  | of the license holder and any other information required by the  | 
| 23 |  | Commission. An applicant who is 21 years of age or older  | 
| 24 |  | seeking a religious exemption to the photograph requirement of  | 
| 25 |  | this subsection shall furnish with his or her application an  | 
| 26 |  | approved copy of United States Department of the Treasury  | 
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| 1 |  | Internal Revenue Service Form 4029.  | 
| 2 |  |  (c) A recovery manager license is not transferable.
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| 3 |  | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15;  | 
| 4 |  | 100SB1688enr.) | 
| 5 |  |  (225 ILCS 422/45) | 
| 6 |  |  (Section scheduled to be repealed on January 1, 2022) | 
| 7 |  |  Sec. 45. Repossession agency employee requirements.  | 
| 8 |  |  (a) All employees of a licensed repossession agency whose  | 
| 9 |  | duties include the actual repossession of collateral must apply  | 
| 10 |  | for a recovery permit. The holder of a repossession agency  | 
| 11 |  | license issued under this Act, known in this Section as the  | 
| 12 |  | "employer", may employ in the conduct of the business under the  | 
| 13 |  | following provisions: | 
| 14 |  |   (1) No person may be issued a recovery permit who meets  | 
| 15 |  | any of the following criteria: | 
| 16 |  |    (A) Is younger than 21 years of age. | 
| 17 |  |    (B) Has been convicted of a crime identified in  | 
| 18 |  | paragraph (3) of subsection (a) of Section 80 of this  | 
| 19 |  | Act and the Commission determines the ability of the  | 
| 20 |  | person to engage in the position for which a permit is  | 
| 21 |  | sought is impaired as a result of the conviction. Has  | 
| 22 |  | been determined by the Commission to be unfit by reason  | 
| 23 |  | of conviction of an offense in this or another state,  | 
| 24 |  | other than a minor traffic offense, that the Commission  | 
| 25 |  | determines in accordance with Section 85 will impair  | 
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| 1 |  | the ability of the person to engage in the position for  | 
| 2 |  | which a permit is sought. The Commission shall adopt  | 
| 3 |  | rules for making those determinations. | 
| 4 |  |    (C) Has had a license or recovery permit denied,  | 
| 5 |  | suspended, or revoked under this Act. | 
| 6 |  |    (D) Has not successfully completed a certification  | 
| 7 |  | program approved by the Commission. | 
| 8 |  |   (2) No person may be employed by a repossession agency  | 
| 9 |  | under this Section until he or she has executed and  | 
| 10 |  | furnished to the Commission, on forms furnished by the  | 
| 11 |  | Commission, a verified statement to be known as an  | 
| 12 |  | "Employee's Statement" setting forth all of the following: | 
| 13 |  |    (A) The person's full name, age, and residence  | 
| 14 |  | address. | 
| 15 |  |    (B) The business or occupation engaged in for the 5  | 
| 16 |  | years immediately before the date of the execution of  | 
| 17 |  | the statement, the place where the business or  | 
| 18 |  | occupation was engaged in, and the names of the  | 
| 19 |  | employers, if any. | 
| 20 |  |    (C) That the person has not had a license or  | 
| 21 |  | recovery permit denied, revoked, or suspended under  | 
| 22 |  | this Act. | 
| 23 |  |    (D) Any conviction of a felony, except as provided  | 
| 24 |  | for in Section 85.  | 
| 25 |  |    (E) Any other information as may be required by any  | 
| 26 |  | rule of the Commission to show the good character,  | 
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| 1 |  | competency, and integrity of the person executing the  | 
| 2 |  | statement. | 
| 3 |  |  (b) Each applicant for a recovery permit shall have his or  | 
| 4 |  | her fingerprints submitted to the Commission by a Live Scan  | 
| 5 |  | fingerprint vendor certified by the Illinois State Police under  | 
| 6 |  | the Private Detective, Private Alarm, Private Security,  | 
| 7 |  | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic  | 
| 8 |  | format that complies with the form and manner for requesting  | 
| 9 |  | and furnishing criminal history record information as  | 
| 10 |  | prescribed by the Illinois State Police. These fingerprints  | 
| 11 |  | shall be checked against the Illinois State Police and Federal  | 
| 12 |  | Bureau of Investigation criminal history record databases now  | 
| 13 |  | and hereafter filed. The Commission shall charge applicants a  | 
| 14 |  | fee for conducting the criminal history records check, which  | 
| 15 |  | shall not exceed the actual cost of the records check. The  | 
| 16 |  | Illinois Commerce Commission Police shall furnish, pursuant to  | 
| 17 |  | positive identification, records of Illinois convictions to  | 
| 18 |  | the Commission. The Commission, in its discretion, may allow an  | 
| 19 |  | applicant who does not have reasonable access to a designated  | 
| 20 |  | vendor to provide his or her fingerprints in an alternative  | 
| 21 |  | manner. The Commission, in its discretion, may also use other  | 
| 22 |  | procedures in performing or obtaining criminal history records  | 
| 23 |  | checks of applicants. Instead of submitting his or her  | 
| 24 |  | fingerprints, an individual may submit proof that is  | 
| 25 |  | satisfactory to the Commission that an equivalent security  | 
| 26 |  | clearance has been conducted. | 
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| 1 |  |  (c) Qualified applicants shall purchase a recovery permit  | 
| 2 |  | from the Commission and in a form that the Commission  | 
| 3 |  | prescribes. The Commission shall notify the submitting person  | 
| 4 |  | within 10 days after receipt of the application of its intent  | 
| 5 |  | to issue or deny the recovery permit. The holder of a recovery  | 
| 6 |  | permit shall carry the recovery permit at all times while  | 
| 7 |  | actually engaged in the performance of the duties of his or her  | 
| 8 |  | employment. No recovery permit shall be effective unless  | 
| 9 |  | accompanied by a license issued by the Commission. Expiration  | 
| 10 |  | and requirements for renewal of recovery permits shall be  | 
| 11 |  | established by rule of the Commission. Possession of a recovery  | 
| 12 |  | permit does not in any way imply that the holder of the  | 
| 13 |  | recovery permit is employed by any agency unless the recovery  | 
| 14 |  | permit is accompanied by the employee identification card  | 
| 15 |  | required by subsection (e) of this Section. | 
| 16 |  |  (d) Each employer shall maintain a record of each employee  | 
| 17 |  | that is accessible to the duly authorized representatives of  | 
| 18 |  | the Commission. The record shall contain all of the following  | 
| 19 |  | information: | 
| 20 |  |   (1) A photograph taken within 10 days after the date  | 
| 21 |  | that the employee begins employment with the employer. The  | 
| 22 |  | photograph shall be replaced with a current photograph  | 
| 23 |  | every 3 calendar years. | 
| 24 |  |   (2) The Employee's Statement specified in paragraph  | 
| 25 |  | (2) of subsection (a) of this Section. | 
| 26 |  |   (3) All correspondence or documents relating to the  | 
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| 1 |  | character and integrity of the employee received by the  | 
| 2 |  | employer from any official source or law enforcement  | 
| 3 |  | agency. | 
| 4 |  |   (4) In the case of former employees, the employee  | 
| 5 |  | identification card of that person issued under subsection  | 
| 6 |  | (e) of this Section. | 
| 7 |  |  (e) Every employer shall furnish an employee  | 
| 8 |  | identification card to each of his or her employees. This  | 
| 9 |  | subsection (e) shall not apply to office or clerical personnel.  | 
| 10 |  | This employee identification card shall contain a recent  | 
| 11 |  | photograph of the employee, the employee's name, the name and  | 
| 12 |  | agency license number of the employer, the employee's personal  | 
| 13 |  | description, the signature of the employer, the signature of  | 
| 14 |  | that employee, the date of issuance, and an employee  | 
| 15 |  | identification card number. | 
| 16 |  |  (f) No employer may issue an employee identification card  | 
| 17 |  | to any person who is not employed by the employer in accordance  | 
| 18 |  | with this Section or falsely state or represent that a person  | 
| 19 |  | is or has been in his or her employ. It is unlawful for an  | 
| 20 |  | applicant for registration to file with the Commission the  | 
| 21 |  | fingerprints of a person other than himself or herself or to  | 
| 22 |  | fail to exercise due diligence in resubmitting replacement  | 
| 23 |  | fingerprints for those employees who have had original  | 
| 24 |  | fingerprint submissions returned as unclassifiable. An agency  | 
| 25 |  | shall inform the Commission within 15 days after contracting or  | 
| 26 |  | employing a licensed repossession agency employee. The  | 
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| 1 |  | Commission shall develop a registration process by rule. | 
| 2 |  |  (g) Every employer shall obtain the identification card of  | 
| 3 |  | every employee who terminates employment with the employer. An  | 
| 4 |  | employer shall immediately report an identification card that  | 
| 5 |  | is lost or stolen to the local police department having  | 
| 6 |  | jurisdiction over the repossession agency location. | 
| 7 |  |  (h) No agency may employ any person to perform any activity  | 
| 8 |  | under this Act unless the person possesses a valid license or  | 
| 9 |  | recovery permit under this Act. | 
| 10 |  |  (i) If information is discovered affecting the  | 
| 11 |  | registration of a person whose fingerprints were submitted  | 
| 12 |  | under this Section, then the Commission shall so notify the  | 
| 13 |  | agency that submitted the fingerprints on behalf of that  | 
| 14 |  | person. | 
| 15 |  |  (j) A person employed under this Section shall have 15  | 
| 16 |  | business days within which to notify the Commission of any  | 
| 17 |  | change in employer, but may continue working under any other  | 
| 18 |  | recovery permits granted as an employee or independent  | 
| 19 |  | contractor.  | 
| 20 |  |  (k) This Section applies only to those employees of  | 
| 21 |  | licensed repossession agencies whose duties include actual  | 
| 22 |  | repossession of collateral.
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| 23 |  |  (l) An applicant who is 21 years of age or older seeking a  | 
| 24 |  | religious exemption to the photograph requirement of this  | 
| 25 |  | Section shall furnish with his or her application an approved  | 
| 26 |  | copy of United States Department of the Treasury Internal  | 
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| 1 |  | Revenue Service Form 4029. Regardless of age, an applicant  | 
| 2 |  | seeking a religious exemption to this photograph requirement  | 
| 3 |  | shall submit fingerprints in a form and manner prescribed by  | 
| 4 |  | the Commission with his or her application in lieu of a  | 
| 5 |  | photograph.  | 
| 6 |  | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15;  | 
| 7 |  | 100SB1688enr.) | 
| 8 |  |  (225 ILCS 422/80)
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| 9 |  |  (Section scheduled to be repealed on January 1, 2022) | 
| 10 |  |  Sec. 80. Refusal, revocation, or suspension.  | 
| 11 |  |  (a) The Commission may refuse to issue or renew or may  | 
| 12 |  | revoke any license or recovery permit or may suspend, place on  | 
| 13 |  | probation, fine, or take any disciplinary action that the  | 
| 14 |  | Commission may deem proper, including fines not to exceed  | 
| 15 |  | $2,500 for each violation, with regard to any license holder or  | 
| 16 |  | recovery permit holder and applicant for one or any combination  | 
| 17 |  | of the following causes: | 
| 18 |  |   (1) Knowingly making any misrepresentation for the  | 
| 19 |  | purpose of obtaining a license or recovery permit. | 
| 20 |  |   (2) Violations of this Act or its rules. | 
| 21 |  |   (3) For license licensees or permit holders and  | 
| 22 |  | applicants, conviction of any crime under the laws of the  | 
| 23 |  | United States or any state or territory thereof that is (i)  | 
| 24 |  | a felony, (ii) a misdemeanor, an essential element of which  | 
| 25 |  | is dishonesty, or (iii) a crime that is related to the  | 
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| 1 |  | practice of the profession. For license or permit holders  | 
| 2 |  | and applicants, the provisions of Section 85 of this Act  | 
| 3 |  | apply. the Commission may refuse to issue a license or  | 
| 4 |  | permit based on restrictions set forth in paragraph (2) of  | 
| 5 |  | subsection (a) of Section 40 and subparagraph (B) of  | 
| 6 |  | paragraph (1) of subsection (a) of Section 45,  | 
| 7 |  | respectively, if the Commission determines in accordance  | 
| 8 |  | with Section 85 that such conviction will impair the  | 
| 9 |  | ability of the applicant to engage in the position for  | 
| 10 |  | which a license or permit is sought.  | 
| 11 |  |   (4) Aiding or abetting another in violating any  | 
| 12 |  | provision of this Act or its rules. | 
| 13 |  |   (5) Engaging in dishonorable, unethical, or  | 
| 14 |  | unprofessional conduct of a character likely to deceive,  | 
| 15 |  | defraud, or harm the public as defined by rule. | 
| 16 |  |   (6) Violation of any court order from any State or  | 
| 17 |  | public agency engaged in the enforcement of payment of  | 
| 18 |  | child support arrearages or for noncompliance with certain  | 
| 19 |  | processes relating to paternity or support proceeding. | 
| 20 |  |   (7) Solicitation of professional services by using  | 
| 21 |  | false or misleading advertising. | 
| 22 |  |   (8) A finding that the license or recovery permit was  | 
| 23 |  | obtained by fraudulent means. | 
| 24 |  |   (9) Practicing or attempting to practice under a name  | 
| 25 |  | other than the full name shown on the license or recovery  | 
| 26 |  | permit or any other legally authorized name. | 
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| 1 |  |  (b) The Commission may refuse to issue or may suspend the  | 
| 2 |  | license or recovery permit of any person or entity who fails to  | 
| 3 |  | file a return, pay the tax, penalty, or interest shown in a  | 
| 4 |  | filed return, or pay any final assessment of tax, penalty, or  | 
| 5 |  | interest, as required by any tax Act administered by the  | 
| 6 |  | Department of Revenue, until the time the requirements of the  | 
| 7 |  | tax Act are satisfied. The Commission may take into  | 
| 8 |  | consideration any pending tax disputes properly filed with the  | 
| 9 |  | Department of Revenue.
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| 10 |  | (Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.) | 
| 11 |  |  (225 ILCS 422/85)
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| 12 |  |  (Section scheduled to be repealed on January 1, 2022) | 
| 13 |  |  Sec. 85. Consideration of past crimes.  | 
| 14 |  |  (a) The Commission shall not require the license or permit  | 
| 15 |  | holders and applicants applicant to report the following  | 
| 16 |  | information and shall not consider the following criminal  | 
| 17 |  | history records in connection with an application for a license  | 
| 18 |  | or permit under this Act: | 
| 19 |  |   (1) Juvenile adjudications of delinquent minors as  | 
| 20 |  | defined in Section 5-105 of the Juvenile Court Act of 1987,  | 
| 21 |  | subject to the restrictions set forth in Section 5-130 of  | 
| 22 |  | the Juvenile Court Act of 1987. | 
| 23 |  |   (2) Law enforcement records, court records, and  | 
| 24 |  | conviction records of an individual who was 17 years old at  | 
| 25 |  | the time of the conviction for the offense and before  | 
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| 1 |  | January 1, 2014, unless the nature of the offense required  | 
| 2 |  | the individual to be tried as an adult. | 
| 3 |  |   (3) Records of arrest not followed by a conviction. | 
| 4 |  |   (4) Convictions overturned by a higher court. | 
| 5 |  |   (5) Convictions or arrests that have been sealed or  | 
| 6 |  | expunged.  | 
| 7 |  |  (b) When considering the denial of a license or recovery  | 
| 8 |  | permit on the grounds of conviction of a crime, including those  | 
| 9 |  | set forth in paragraph (2) of subsection (a) of Section 40 and  | 
| 10 |  | subparagraph (B) of paragraph (1) of subsection (a) of Section  | 
| 11 |  | 45, respectively, the Commission, in evaluating whether the  | 
| 12 |  | conviction will impair the license or permit holder's or  | 
| 13 |  | applicant's ability to engage in the position for which a  | 
| 14 |  | license or permit is sought and the license or permit holder's  | 
| 15 |  | or applicant's present eligibility for a license or recovery  | 
| 16 |  | permit, shall consider each of the following criteria: | 
| 17 |  |   (1) The lack of direct relation of the offense for  | 
| 18 |  | which the license or permit holder or applicant was  | 
| 19 |  | previously convicted to the duties, functions, and  | 
| 20 |  | responsibilities of the position for which a license or  | 
| 21 |  | permit is sought. | 
| 22 |  |   (2) Circumstances relative to the offense, including  | 
| 23 |  | the license or permit holder's or applicant's age at the  | 
| 24 |  | time that the offense was committed.  | 
| 25 |  |   (3) Evidence of any act committed subsequent to the act  | 
| 26 |  | or crime under consideration as grounds for denial, which  | 
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| 1 |  | also could be considered as grounds for disciplinary action  | 
| 2 |  | under this Act. | 
| 3 |  |   (4) Whether 5 years since a conviction or 3 years since  | 
| 4 |  | successful completion of the imposed sentence release from  | 
| 5 |  | confinement for the conviction, whichever is later, have  | 
| 6 |  | passed without a subsequent conviction. | 
| 7 |  |   (5) Successful completion of sentence or for license or  | 
| 8 |  | permit holders or applicants serving a term of parole or  | 
| 9 |  | probation, a progress report provided by the license or  | 
| 10 |  | permit holder's or applicant's probation or parole officer  | 
| 11 |  | that documents the license or permit holder's or  | 
| 12 |  | applicant's compliance with conditions of supervision.  | 
| 13 |  |   (6) If the license or permit holder or applicant was  | 
| 14 |  | previously licensed or employed in this State or other  | 
| 15 |  | states or jurisdictions, then the lack of prior misconduct  | 
| 16 |  | arising from or related to the licensed position or  | 
| 17 |  | position of employment. | 
| 18 |  |   (7) Evidence of rehabilitation or rehabilitative  | 
| 19 |  | effort during or after incarceration, or during or after a  | 
| 20 |  | term of supervision, including, but not limited to, a  | 
| 21 |  | certificate of good conduct under Section 5-5.5-25 of the  | 
| 22 |  | Unified Code of Corrections or a certificate of relief from  | 
| 23 |  | disabilities under Section 5-5.5-10 of the Unified Code of  | 
| 24 |  | Corrections.  | 
| 25 |  |   (8) Any other mitigating factors that contribute to the  | 
| 26 |  | license or permit holder's or applicant's person's  | 
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| 1 |  | potential and current ability to perform the duties and  | 
| 2 |  | responsibilities of practices licensed or registered under  | 
| 3 |  | this Act.  | 
| 4 |  |  (c) When considering the suspension or revocation of a  | 
| 5 |  | license or recovery permit on the grounds of conviction of a  | 
| 6 |  | crime, the Commission, in evaluating the rehabilitation of the  | 
| 7 |  | license or permit holder applicant, whether the conviction will  | 
| 8 |  | impair the license or permit holder's applicant's ability to  | 
| 9 |  | engage in the position for which a license or permit is sought,  | 
| 10 |  | and the license or permit holder's applicant's present  | 
| 11 |  | eligibility for a license or recovery permit, shall consider  | 
| 12 |  | each of the following criteria: | 
| 13 |  |   (1) The nature and severity of the act or offense. | 
| 14 |  |   (2) The license holder's or recovery permit holder's  | 
| 15 |  | criminal record in its entirety. | 
| 16 |  |   (3) The amount of time that has lapsed since the  | 
| 17 |  | commission of the act or offense. | 
| 18 |  |   (4) Whether the license holder or recovery permit  | 
| 19 |  | holder has complied with any terms of parole, probation,  | 
| 20 |  | restitution, or any other sanctions lawfully imposed  | 
| 21 |  | against him or her. | 
| 22 |  |   (5) If applicable, evidence of expungement  | 
| 23 |  | proceedings. | 
| 24 |  |   (6) Evidence, if any, of rehabilitation submitted by  | 
| 25 |  | the license holder or recovery permit holder.
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| 26 |  |  (d) If the Commission refuses to issue or renew, or  | 
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| 1 |  | suspends or revokes or places on probation or takes any  | 
| 2 |  | disciplinary action that the Commission may deem proper against  | 
| 3 |  | a license or permit grant a license or permit to an applicant,  | 
| 4 |  | then the Commission shall notify the license or permit holder  | 
| 5 |  | or applicant of the decision denial in writing with the  | 
| 6 |  | following included in the notice of decision denial: | 
| 7 |  |   (1) a statement about the decision to refuse to grant a  | 
| 8 |  | license or permit; | 
| 9 |  |   (2) a list of the convictions that the Commission  | 
| 10 |  | determined will impair the license or permit holder's or  | 
| 11 |  | applicant's ability to engage in the position for which a  | 
| 12 |  | license or permit is sought; | 
| 13 |  |   (3) a list of convictions that formed the sole or  | 
| 14 |  | partial basis for the decision refusal to grant a license  | 
| 15 |  | or permit; and | 
| 16 |  |   (4) a summary of the appeal process or the earliest a  | 
| 17 |  | reapplication for a license or permit is permissible the  | 
| 18 |  | applicant may reapply for a license or permit, whichever is  | 
| 19 |  | applicable.  | 
| 20 |  |  (e) No later than May 1 of each year, the Commission must  | 
| 21 |  | prepare, publicly announce, and publish a report of summary  | 
| 22 |  | statistical information relating to new and renewal license or  | 
| 23 |  | permit applications during the preceding calendar year. Each  | 
| 24 |  | report shall show, at a minimum:  | 
| 25 |  |   (1) the number of applicants for a new or renewal  | 
| 26 |  | license or permit under this Act within the previous  | 
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| 1 |  | calendar year;  | 
| 2 |  |   (2) the number of applicants for a new or renewal  | 
| 3 |  | license or permit under this Act within the previous  | 
| 4 |  | calendar year who had a any criminal conviction identified  | 
| 5 |  | in paragraph (3) of subsection (a) of Section 80; | 
| 6 |  |   (3) the number of applicants for a new or renewal  | 
| 7 |  | license or permit under this Act in the previous calendar  | 
| 8 |  | year who were granted a license or permit; | 
| 9 |  |   (4) the number of applicants for a new or renewal  | 
| 10 |  | license or permit with a criminal conviction identified in  | 
| 11 |  | paragraph (3) of subsection (a) of Section 80 who were  | 
| 12 |  | granted a license or permit under this Act within the  | 
| 13 |  | previous calendar year; | 
| 14 |  |   (5) the number of applicants for a new or renewal  | 
| 15 |  | license or permit under this Act within the previous  | 
| 16 |  | calendar year who were denied a license or permit; | 
| 17 |  |   (6) the number of applicants for a new or renewal  | 
| 18 |  | license or permit with a criminal conviction identified in  | 
| 19 |  | paragraph (3) of subsection (a) of Section 80 who were  | 
| 20 |  | denied a license or permit under this Act in the previous  | 
| 21 |  | calendar year in whole or in part because of the a prior  | 
| 22 |  | conviction; | 
| 23 |  |   (7) the number of licenses or permits issued with a  | 
| 24 |  | condition of on probation without monitoring imposed by the  | 
| 25 |  | Commission under this Act in the previous calendar year to  | 
| 26 |  | applicants with a criminal conviction identified in  | 
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|  | 
| 1 |  | paragraph (3) of subsection (a) of Section 80; and | 
| 2 |  |   (8) the number of licenses or permits issued with a  | 
| 3 |  | condition of on probation with monitoring imposed by the  | 
| 4 |  | Commission under this Act in the previous calendar year to  | 
| 5 |  | applicants with a criminal conviction identified in  | 
| 6 |  | paragraph (3) of subsection (a) of Section 80.  | 
| 7 |  | (Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.) | 
| 8 |  |  Section 10. The Real Estate Appraiser Licensing Act of 2002  | 
| 9 |  | is amended by changing Section 25-10 as follows:
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| 10 |  |  (225 ILCS 458/25-10)
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| 11 |  |  (Section scheduled to be repealed on January 1, 2022)
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| 12 |  |  Sec. 25-10. Real Estate Appraisal Administration and  | 
| 13 |  | Disciplinary Board; appointment. 
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| 14 |  |  (a) There is hereby created the Real Estate Appraisal  | 
| 15 |  | Administration and Disciplinary Board. The Board
shall be  | 
| 16 |  | composed of 10 persons appointed by the Governor, plus the  | 
| 17 |  | Coordinator
of
the Real Estate Appraisal Division. Members  | 
| 18 |  | shall be appointed to the Board
subject to the following  | 
| 19 |  | conditions:
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| 20 |  |   (1) All appointed members shall have been residents and  | 
| 21 |  | citizens of this
State for
at least 5 years prior
to the  | 
| 22 |  | date of appointment.
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| 23 |  |   (2) The appointed membership of the Board should  | 
| 24 |  | reasonably reflect the
geographic
distribution of the
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|  | 
| 1 |  | population of the State.
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| 2 |  |   (3) Four appointed members shall have been actively  | 
| 3 |  | engaged and currently
licensed as
State
certified general  | 
| 4 |  | real estate appraisers for a period of not less than 5
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| 5 |  | years. 
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| 6 |  |   (4)
Four Two appointed members shall have been actively  | 
| 7 |  | engaged and currently
licensed as
State
certified  | 
| 8 |  | residential real estate appraisers for a period of
not less  | 
| 9 |  | than 5 years, 2 of whom. (5)
Two appointed members shall  | 
| 10 |  | hold a valid licenses license as a
real estate brokers or  | 
| 11 |  | managing brokers
broker for at least 5 10 years prior to  | 
| 12 |  | the date of the appointment, one of whom
shall hold a valid
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| 13 |  | State certified general real estate appraiser license  | 
| 14 |  | issued under this Act or a predecessor Act for a period of  | 
| 15 |  | at
least 5 years prior to the appointment and one of whom  | 
| 16 |  | shall hold a valid State certified residential real estate  | 
| 17 |  | appraiser license issued under this Act or a predecessor  | 
| 18 |  | Act for a period of at
least 5 years prior to the  | 
| 19 |  | appointment.
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| 20 |  |   (5) (6) One appointed member shall be a representative  | 
| 21 |  | of a financial
institution, as evidenced by his or her  | 
| 22 |  | employment with a financial
institution.
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| 23 |  |   (6) (7) One appointed member shall represent the  | 
| 24 |  | interests of the general
public. This member or his or her  | 
| 25 |  | spouse shall not be licensed under this Act
nor be employed  | 
| 26 |  | by or have any interest in an appraisal business, appraisal  | 
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|  | 
| 1 |  | management company, real estate
brokerage business, or a  | 
| 2 |  | financial institution.
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| 3 |  |  In making appointments as
provided in paragraphs (3) and  | 
| 4 |  | (4) of this subsection, the Governor shall
give due  | 
| 5 |  | consideration to recommendations by members and organizations
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| 6 |  | representing the profession.
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| 7 |  |  In making the appointments as
provided in paragraph (5) of  | 
| 8 |  | this subsection, the Governor shall give
due consideration to  | 
| 9 |  | the recommendations by members and organizations
representing  | 
| 10 |  | the real estate industry.
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| 11 |  |  In making the appointment as provided
in paragraph (5) (6)  | 
| 12 |  | of this subsection, the Governor
shall give due consideration  | 
| 13 |  | to the recommendations by members and
organizations  | 
| 14 |  | representing financial institutions.
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| 15 |  |  (b) The term for members of the Board shall be 4 years, and  | 
| 16 |  | each member shall serve until his or her successor is appointed  | 
| 17 |  | and qualified.
No member shall be reappointed to the Board for  | 
| 18 |  | a term that would cause his or her cumulative service to the  | 
| 19 |  | Board to exceed 10 years.
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| 20 |  |  (c) The Governor may terminate the appointment of a member  | 
| 21 |  | for cause that,
in
the opinion of the Governor, reasonably  | 
| 22 |  | justifies the termination. Cause for
termination may include,  | 
| 23 |  | without limitation, misconduct, incapacity, neglect of
duty,  | 
| 24 |  | or missing 4 Board meetings during any one calendar year.
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| 25 |  |  (d) A majority of the Board members shall constitute a
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| 26 |  | quorum. A vacancy in the membership of the Board shall not  | 
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|  | 
| 1 |  | impair the right of
a quorum to exercise all of the rights and  | 
| 2 |  | perform all of the duties of the
Board.
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| 3 |  |  (e) The Board shall meet at least quarterly and may be  | 
| 4 |  | convened
by the Chairperson, Vice-Chairperson, or 3 members of  | 
| 5 |  | the Board upon 10 days
written notice.
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| 6 |  |  (f) The Board shall, annually at the first meeting of the  | 
| 7 |  | fiscal year,
elect a Chairperson and Vice-Chairperson from its
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| 8 |  | members. The Chairperson shall preside over the meetings and  | 
| 9 |  | shall coordinate
with the Coordinator
in developing and  | 
| 10 |  | distributing an agenda for each meeting. In the absence of
the  | 
| 11 |  | Chairperson, the Vice-Chairperson shall preside over the  | 
| 12 |  | meeting.
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| 13 |  |  (g) The Coordinator
of the Real Estate Appraisal Division  | 
| 14 |  | shall serve as
a member of the Board without vote.
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| 15 |  |  (h) The Board shall advise and make recommendations to
the  | 
| 16 |  | Department
on the education and experience qualifications of  | 
| 17 |  | any applicant for initial licensure as a State certified  | 
| 18 |  | general real estate appraiser or a State certified residential  | 
| 19 |  | real estate appraiser. The Department shall not make any  | 
| 20 |  | decisions concerning education or experience qualifications of  | 
| 21 |  | an applicant for initial licensure as a State certified general  | 
| 22 |  | real estate appraiser or a State certified residential real  | 
| 23 |  | estate appraiser without having first received the advice and  | 
| 24 |  | recommendation of the Board and
shall give due consideration to  | 
| 25 |  | all
such advice and recommendations; however, if the Board does  | 
| 26 |  | not render advice or make a recommendation within a reasonable  | 
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|  | 
| 1 |  | amount of time, then the Department may render a decision. 
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| 2 |  |  (i) Except as provided in Section 15-17 of this Act, the
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| 3 |  | Board shall hear and make recommendations to the
Secretary
on
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| 4 |  | disciplinary matters
that require a formal evidentiary  | 
| 5 |  | hearing. The Secretary
shall give due
consideration to the
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| 6 |  | recommendations of the Board involving discipline and  | 
| 7 |  | questions involving
standards of professional
conduct of  | 
| 8 |  | licensees.
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| 9 |  |  (j) The Department shall seek and the Board shall provide
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| 10 |  | recommendations to the Department
consistent with the
 | 
| 11 |  | provisions
of this Act and for the administration and  | 
| 12 |  | enforcement of all
rules adopted
pursuant to this Act. The  | 
| 13 |  | Department
shall give due consideration to
such
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| 14 |  | recommendations
prior to adopting rules.
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| 15 |  |  (k) The Department shall seek and the Board shall provide
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| 16 |  | recommendations to the Department
on the approval of all  | 
| 17 |  | courses
submitted to the Department
pursuant to this Act and  | 
| 18 |  | the rules adopted pursuant to this Act. The Department shall  | 
| 19 |  | not approve any courses without having first received the  | 
| 20 |  | recommendation of the Board and
shall
give due consideration to  | 
| 21 |  | such
recommendations
prior to approving and licensing courses;  | 
| 22 |  | however, if the Board does not make a recommendation within a  | 
| 23 |  | reasonable amount of time, then the Department may approve  | 
| 24 |  | courses.
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| 25 |  |  (l) Each voting member of the Board shall receive a per  | 
| 26 |  | diem stipend in an
amount
to be determined by the Secretary.  | 
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|  | 
| 1 |  | Each member shall be paid his or her necessary expenses while
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| 2 |  | engaged in the
performance of his or her duties.
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| 3 |  |  (m) Members of the Board shall be immune from suit in an  | 
| 4 |  | action based upon
any disciplinary
proceedings or other acts  | 
| 5 |  | performed in good faith as members of the Board.
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| 6 |  |  (n) If the Department disagrees with any advice or  | 
| 7 |  | recommendation provided by the Board under this Section to the  | 
| 8 |  | Secretary or the Department, then notice of such disagreement  | 
| 9 |  | must be provided to the Board by the Department.
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| 10 |  |  (o) Upon resolution adopted at any Board meeting, the  | 
| 11 |  | exercise of any Board function, power, or duty enumerated in  | 
| 12 |  | this Section or in subsection (d) of Section 15-10 of this Act  | 
| 13 |  | may be suspended. The exercise of any suspended function,  | 
| 14 |  | power, or duty of the Board may be reinstated by a resolution  | 
| 15 |  | adopted at a subsequent Board meeting. Any resolution adopted  | 
| 16 |  | pursuant to this Section shall take effect immediately.
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| 17 |  | (Source: P.A. 98-1109, eff. 1-1-15.)
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| 18 |  |  Section 99. Effective date. This Act takes effect upon  | 
| 19 |  | becoming law.".
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